Mr. Hanby, from the committee on claims, to whom was referred
the petition of Matthew D. Thomason, reported a resolution, appropriating
to M. D Thomason _____ dollars for repairing the bank of the river,
near the town of Cahawba; which was read the first time. On motion,
the rule which requires all bills and joint resolutions to be
read on three several days was dispensed with, and said resolution
was read the second time. Mr. Garth moved that the further consideration
of said resolution, be indefinitely postponed; and on the question
being put, it was resolved in the affirmative.

Mr. Lucas obtained leave to introduce a bill to be entitled
an act making it the duty of the comptroller to issue printed
warrants; which was read the first time. On motion, the rule which
requires all bills to be read on three several days, was dispensed
with, and said bill was read the second time. Mr. Casey offered
to amend said bill by inserting the words "two, three,"
after the words "sums of," in the first section of said
bill, which was agreed to. Mr. Hogg moved fill the bank in said
bill, with the word "fifty;" and on the question being
put, it was decided in the affirmative. On motion, the rule was
further dispensed with, and said bill was read the third time
and passed. Ordered, that the Secretary notify the House of Representatives
thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled an
act to fix the permanent seat of justice for the county of Montgomery,
was read the first time. On motion, the rule which requires all
bills to be read on three several days, was dispensed with, and
said bill was read the second time. Mr. Gause moved to strike
out all of said bill after the enacting clause, and to insert
in lieu thereof, an amendment, having for its object, the appointment
of commissioners to fix the permanent seat of justice, for said
county, and on the question being put it was

145

decided in the affirmative. On motion, the rule which requires
all bills to be read on three several, days was further dispensed
with, and said bill was read the third time as amended, and passed.
Ordered, that the Secretary inform the House of Representatives
thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled an
act to appoint commissioners to lay out certain roads therein
specified, and for other purposes, was taken up. Mr. Casey moved
to strike out the names of "Benjamin Hatch, William L. Adams,
and Garland Hardwick," in the 4th section of said bill, and
insert in lieu thereof, the names of "Samuel Dale, James
Magoffin, Josiah Thompson, and Jesse Thompson;" and on the
questing being put, it was resolved in the affirmative. Mr. Casey
then moved to strike out the names of "Josiah Thompson and
Jesse Thompson," in the 5th section of said bill, and insert
in lieu thereof, the names of "James Magoffin and Garland
Hardwick;" and on the question being put, it was resolved
in the affirmative. Mr. Dennis moved to strike out the name of
"John Gandy," in the first section of said bill, and
insert in lieu thereof, the name of "Amos Rowland,"
and on the question being put, it was resolved in the affirmative,
Mr. Lucas moved to strike out the third section of sad bill; and
on the question being put, it was decided in the affirmative,
Said bill was then read the third time as amended, and passed.
Ordered, that the Secretary inform the House of Representatives
thereof, and desire their concurrence.

Mr. Chambers offered a resolution allowing the comptroller
of public accounts, two hundred and fifty dollars in addition
to his present salary, which was read the first time. On motion,
the rule which requires all bills and joint resolutions to be
read on three several days, was dispensed with, and said resolution
was read the second and third times and passed, Ordered,
that the Secretary inform the House of Representatives thereof,
and desire their concurrence.

A message from the House of Representatives by Mr. Clay, a
member thereof: Mr. President The House of Representatives have
read a third time and passed, an act to alter the boundaries of
Bibb and Perry counties; an act authorizing Abraham Skidmore and
others, to sell certain real estate; resolutions in relation to
the road from Uchee bridge to Line creek; all of which originated
in your house. They have, also, read a third time and passed,
a resolution authorizing the tax collectors of Madison, Limestone
and Lawrence to pay into the Huntsville bank, the amount of taxes
due from their respective counties; and an act for the relief
of John Easley, in which they desire your concurrence. They disagree
to your amendments, to the bill to be entitled, an act to alter
and amend the several acts now in force organizing the militia
of this state.

Mr. Hanby moved, that the Senate insist upon their amendment
to the bill to be entitled, an act to alter and amend the several
acts now in force organizing the militia of this state; and on
the question being put, it was decided in the affirmative. Ordered,
that the secretary inform the House of Representatives thereof.

19

146

A bill from the House of Representatives, to be entitled, an
act to repeal in part and amend an act entitled, an act to repeal
in part and amend an act entitled, an act to regulate the proceedings
in the courts of law and equity in this state, passed on the 14th
day of June last, was read the first time. On motion, the rule
which requires all bills to be read on three several days, was
dispensed with, and said bill was read the second time. Mr. Elliott
proposed an amendment to said bill in relation to the jurisdiction
of the county court of Mobile county; which was adopted. Said
bill was then read the third time, as amended, and passed.
Ordered, that the secretary inform the House of Representatives
thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled, an
act for the relief of John Easly; was read the first time. On
motion, the rule which requires all bills to be read on three
several days, was dispensed with, and said bill was read the second
time. Mr. Davis moved, to strike out all of said bill after the
enacting clause, and insert in lieu thereof, an amendment which
provides for the payment to the said John Easley the sum of fifty
dollars out of any money in the county treasury of Lawrence county;
which amendment was adopted. On motion, the rule which requires
all bills to be read the third time, as amended, and passed.
Ordered, that the secretary notify the House of Representatives
thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled, an
act to extend the time of collecting the tax and making returns
to the persons therein named, was, on motion, taken up. Mr. Lucas
proposed the following amendment to said bill:

"And be it further enacted, that the tax collector
of Franklin county, shall be allowed until the first day of March
next to make returns, and pay over amount into the treasury, Mr.
McVay moved, to insert "Lauderdale county" after "Franklin
county," in said amendment; and, on the question being put,
it was decided in the negative. The question was then put on the
adoption of the amendment proposed by Mr. Lucas, and decided in
the affirmative. Mr. Elliott offered the following amendment to
said bill.

"Sec. And be it further enacted, that this act
so far as the same extends relief to the persons therein named,
or so far as the same may effect their securities, shall be of
no force of validity, unless the several persons embraced therein
shall enter into bond with good and sufficient security, to be
approved of by the judge of the county court of their respective
counties, conditioned for the payment of the amount of taxes due
from them respectively, into the state treasury, at the periods
designated in this act; which was adopted. Mr. Casey moved a reconsideration
of the voted of the Senate, on filling the blank in said bill
in the section which relates to the tax collector of Lawrence
county, with the words "15th day of February;" and on
the question being put, it was resolved in the affirmative. Mr.
Garth moved to fill said blank with the words "first day
of April" and on the question being put it was decided in
the affirmative. Said bill was then read the third time

147

as amended and passed. Ordered, that the secretary inform
the House of Representatives thereof and desire their concurrence.

A message from the House of Representatives by Mr. Morton:

Mr. President: I am instructed by the House of Representatives
to inform your honorable body, that they have passed, a bill to
be entitled an act supplementary to an act to establish a State
University; in which they desire your concurrence.

A message was received from the House of Representatives, by
Mr. Morton informing the Senate that they had disagreed to the
amendment made by the Senate to the act to fix the seat of Justice
in the county of Montgomery.

A message from the House of Representatives by Mr. Morton:

Mr. President; I am instructed by the house of Representatives
to inform your honorable body, that they have read a third time
and passed; a resolution allowing to the Comptroller two hundred
and fifty dollars in addition to his present salary; which originated
in your honorable body. They insist upon their disagreement to
the amendments made by the senate to an act to alter and amend
the several act now in force organizing the militia of this State.

On motion, the Senate adjourned till half past 3 o'clock, P.M.

Half past three o'clock, P.M.

The Senate met pursuant to adjournment.

A bill from the House of Representatives to be entitled an
act to divorce Sarah M. Barcken from her husband James A. Bracken,
in pursuance of a decree of the Circuit court of Franklin county,
was read the first time. On motion the rule which requires all
bills to be read on three several days was dispensed with, and
said bill was read the second and third time, and passed by a
constitutional majority. Yeas 10 nays 2.

The yeas and nays being called for, those who voted in the
affirmative, are

Ordered, that the secretary notify the House of Representatives
thereof.

A message from the governor, by James J. Pleasants, secretary
of state:

Mr. President, and gentlemen of the Senate; I am instructed
by the governor to inform you, that he did, on this day, approve
and sign, an act to authorize Peter Ross to establish a toll bridge
across Big Mulberry creek between the counties of Dallas and Autauga;
an act more effectually to enforce the acts of the general assembly
of the 21st December, 1820, and of the 14th day of June, 1821,
in relation to roads within this state; an act providing for certain
officers; an act to incorporate the town of Belle-Fonte in the
county of Jackson; memorial to the Congress of the Unites States,
praying that the restriction imposed by the act of Congress for
our admission, exemption lands of the U. States from taxation
for 5 years sold after the passage of said act, should be removed
an act to authorize the county court of Butler to compensation
the com-

148

missioners heretofore appointed to fix the sat of justice for
said county, and for other purposes; an act authorizing a lottery
for the benefit of building an academy in the town of Montgomery;
an act to appoint commissioners to contract for, and superintend
the erection of the public buildings in the county of Wilcox;
an act for the relief of Henry V. Chamberlain; an act to incorporate
the Murder creek Navigation Company; an act to incorporate the
town of Demopolis, in Marengo county; an act amendatory of an
act to incorporate the town of Sparta, and for other purposes,
passed December 3d, 1821; and, an act prescribing the mode by
which a jury shall be drawn for the first Circuit Court for Pickens
county.

A bill from the House of Representatives, to be entitled an
act to amend an act to establish the temporary seat of justice,
in certain counties therein named, was read the first time. On
motion, the rule which requires all bills to be read on three
several days, was dispensed with, and said bill was read the second
and third times and passed. Ordered, that the Secretary
notify the House of Representatives thereof.

A bill from the House of Representatives to be entitled, an
act prescribing the manner of changing the venue in criminal cases,
and for other purposes, was read the first time. On motion, the
rule which requires all bills to be read the second time. Ordered,
that the same be committed to a committee of the whole House and
made the order of the day for Monday next.

A bill from the House of Representatives to be entitled, an
act supplementary to an act to establish a state University, was
read the first time. On motion, the rule, which requires all bills
to be read on three several days, was dispensed with, and said
bill was read the second time. Mr. Chambers moved, to strike out
the word "thirteen" in the first section of said bill,
and insert in lieu thereof the words "two from each judicial
circuit;" and on the question being put, it was decided in
the affirmative. Mr. Chambers then moved to insert the words "and
in half quarter sections" after the word "in" in
the 14th section of said bill and on the question being put, it
was decided in the affirmative. Mr. Casey proposed to amend said
bill by adding an additional section thereto, to wit:

"And be it further enacted, that the same trustees
shall have the power to appoint three persons, of their own body,
whose duty it shall be to attend to the examination and sale of
all the lands, to receive the money arising from the first payment,
and to dispose of the same as the trustees may order and direct
according to law: Provided, the said persons so appointed
shall give bond and good security, to be approved of by the said
trustees, for the faithful performance of their duty, and that
they shall receive such compensation as may be allowed by the
said trustees;" which was adopted. Mr. Lucas moved, to strike
out the words :"seventeen dollars" in the 14th section
of said bill, and insert in lieu thereof the words "twenty-five
dollars;" and on the question being put, it was decided in
the negative. Ordered, that said bill be made the order
of the day for a third reading on Monday next.

149

A message was received from the House of Representatives, by
Mr. Morton; informing the Senate, that they had read the third
time and passed, a resolution concerning the printing of the journals
and laws of the present general assembly, and for other purposes;
also, a bill to be entitled, an act to repeal in part and amend
an act entitled, an act to reduce into one the several acts concerning,
roads, bridges & highways; in which they desired the concurrence
of the Senate.

A message was also, received by Mr. Morton, informing the Senate
that the House of Representatives, had read the third time and
passed, an act in relation to the banking institutions in this
state; and, an act for the relief of William B. Allen, which originated
in this house.

On motion, the bill to be entitled, an act to prevent free
persons of color from coming into this state, was taken up and
read the first time, Mr. Lanier moved, that the further consideration
of said bill be indefinitely postponed; and on the question being
put, it was decided in the negative--- yeas 7, nays 10.

The yeas & nays being desired, those who voted in the affirmative,
are

On motion, the rule which requires all bills to be read on
three several days, was dispensed with, and said bill was read
the second time. Ordered, that the same be committed to a committee
of the whole house and made the order of the day for Monday next.

Resolution from the House of Representatives, authorizing the
tax collectors of Madison, Limestone and Lawrence to pay into
the Huntsville bank the amount of taxes due from their respective
counties, were read the first time. On motion the rule which requires
all joint resolutions to be read on three several days, was dispensed
with, and said resolutions were read the second time. Ordered,
that said resolutions be made the order of the day for a third
reading on Monday next.

Mr. Gause moved that the Senate insist upon their amendment
to the bill to be entitled an act to fix the permanent seat of
justice for the county of Montgomery; and on the question being
put, it was resolved in the affirmative. Ordered, that the Secretary
notify the House of Representatives thereof.

On motion of Mr. Davis, the Senate receded from their amendment
to the bill to be entitled an act, to alter and amend the several
acts now in force, organizing the militia of this state. Ordered,
that the Secretary inform the House of Representatives thereof.

On motion, the Senate concurred in their amendment made by
the House of Representatives, to the first section of the bill
to be entitled an act to authorize the issuing of Treasury notes,
and to vest authority in the Executive of this, to apply a certain
sum of money therein mentioned, for the purpose of making such
arrangements with the specie paying banks of this state, as may
aid the credit of currency of the Treasury notes.

Mr. Elliott moved that the Senate disagree to the amendment
made by the House of Representatives to said bill, by adding two
additional sections thereto; and on the question being put, it
was resolved in the

150

affirmative. Ordered, that the Secretary notify the
House of Representatives thereof.

A bill from the House of Representatives, to be entitled an
act, to repeal in part, the 43rd section of an act to organize
the militia of this state, and to substitute an amendment thereto,
was read the first time. On motion the rule which requires all
bills to be read on three several days, was dispensed with, and
said bill was read the second time. Ordered, that the same
be made the order of the day, for a third reading on Monday next.

A bill from the House of Representatives, to be entitled an
act concerning jurors was read the third time. Mr. Elliott moved
to reconsider the vote of the Senate on the third reading of said
bill; and on the question being put, it was resolved in the affirmative.
Mr. Elliott then moved to strike out the second section of said
bill; and on the question being put, it was decided in the affirmative.
Said bill was then read the third time as amended, and passed.
Ordered, that the Secretary inform the House of Representatives
thereof, and desire their concurrence.

Mr. Elliott moved that the Senate insist upon their amendment
to the bill to be entitled an act for the punishment of malicious
mischief, by striking out the proviso at the close thereof; and
on the question being put, it was decided in the negative. Yeas
9, nays 9.

The yeas and nays being called for, those who voted in the
affirmative, are

Ordered, that the Secretary inform the House of Representatives
thereof.

A message was received from the House of Representatives, by
Mr. Morton, informing the Senate, that they had read the third
time and passed, an act concerning executions, which originated
in this House; also, an act for the relief of Thomas H. Kirby,
tax collector of Jackson county, for the year 1820; in which they
desire the concurrence of the Senate.

A message was received from the House of Representatives, by
Mr. Allen, informing the Senate, that they insist on their disagreement
to the amendments made by the Senate, to the bill to be entitled
an act to fix the permanent seat of justice for the county of
Montgomery.

Mr. Gause, from the committee on enrolled bills, reported,
that said committee had examined the following acts and resolutions,
and found the same duly enrolled, viz: an act authorizing Abraham
Skidmore, and others, to sell certain real estate; an act to alter
the boundaries of Bibb and Perry counties; resolutions in relation
to the road from Uchee bridge to Line creek; and, a resolution
allowing to the comptroller two hundred and fifty dollars in addition
to his present salary; which were accordingly signed by Mr. President.